Interference 103,579
homologous to the potato GBSS gene and functions to inhibit the
expression of the potato GBSS gene not only may be present in
Visser’s full length cDNA or genomic DNA sequence and Hofvander’s
2549 bp genomic DNA fragment and regulate GBSS expression in a
potato plant when inserted into its genome, it may also be
present in Hergersberg’s 500/800 bp cDNA fragment and regulate
GBSS expression in a potato plant when inserted into its genome.
Nevertheless, Hofvander argues that expert testimonies presented
in this record by both parties portray Hergersberg’s publication
as being so fraught with error that persons having ordinary skill
in the art reasonably would not have relied upon Hergersberg’s
disclosure for DNA fragments capable of regulating potato GBSS
gene expression when inserted into the genome of a potato plant
in the antisense direction or for any other information (HB 45,
first para.). More specifically, Hofvander states (VB 46, final
para.):
Hergersberg is not a reliable reference and would fail
to disclose or suggest anything to a person skilled in
the art. As stated by Dr. Rask, Hergersberg is not
reliable because “Hergersberg’s thesis is one of the
most sloppy thesis I’ve ever seen and I’m astonished
that it passed if it ever did” [Rask Testimony:
HR 000140; page 77, lines 11-14] . . . .
Notwithstanding the expert testimony of record that
Hergersberg’s presentation was sloppy and showed Hergersberg’s
propensity for error, we find ample evidence of record that the
parties to this interference and their colleagues found
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